Unfair ruling in favor of Okamoto Giken.Union Appeals to the High Court

4月 15, 2011

This case was brought to court over the dismissal of a worker who was technically employed by a ghost company named “Mihara Seiko,” which is supposed to be a subcontractor operating on the premises for Okamoto Giken. He was dismissed at the end of February 2009 “for making defective products.” The General Union demanded Okamoto Giken withdraw the dismissal. The company then added to the grounds for dismissal, claiming that he “threw a PET bottle on to the motorway,” “was working smelling of alcohol,” and “used the toilet without taking off the greasy shoes and made the toilet dirty.” Our member admitted that some products happened to be defective, but claimed that none of the other reasons were true. The General Union took the case to the court, demanding a ruling that the dismissal was invalid against Okamoto Giken, as “Mihara Seiko” is virtually non-existent and it is Okamoto Giken who is the real employer.” The Court accepted the statements and testimony by the company’s witnesses without questioning them, and decided that the worker concerned “has always been problematic and it is fair enough that he was dismissed.” The ruling went on to say; as the dismissal is valid, there is no need to judge who the employer was, Okamoto Giken or Mihara Seiko. How can you draw a conclusion that the dismissal was valid without judging who dismissed the worker? It must be the first step of labor law – it is shocking to see that the Presiding Judge (Former Head of Osaka District Court Sakai Branch and presently Head of Kochi District Court) has such a low level of legal knowledge. If such an unfair ruling is established, it will make a precedent that a worker can be dismissed for whatever reasons at the employer’s will. The General Union will not tolerate such an unfair ruling that tramples on workers’ rights. We have decided to appeal to the High Court, to smash the unfair ruling by the District Court. We will fight on to reverse the ruling of Osaka High Court. Thank you for your continued support.